IN THE TENTH JUDICIAL CIRCUIT COURT
FOR HARDEE, HIGHLANDS, AND
POLK COUNTY, FLORIDA

Case No. CE98-6708R

Appeal No.: CC-06

MICHAEL MA, et al.,

Appellants,

vs.

POLK COUNTY,

Appellee.

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OPINION OF THE COURT

This is an appeal from the order of February 4, 1999 rendered by the Polk County Code Enforcement Board. This court has jurisdiction. Fla. R. App. P. 9.030. Affirmed.

Appellants seek review of an order reducing a fine for an ordinance violation. However, Appellants have failed to provide a record for review. The Appellant has an affirmative duty to provide the record on appeal. Brice v. State, 49 So. 2d 749 (Fla. 2d DCA 1982); Morceau v. Meader, 179 So. 2d 242 (Fla. 3d DCA 1965). While the Assistant County Attorney has filed an answer brief with an attached appendix, such attachment is a violation of the Rule 9.210(c) regarding the contents of answer briefs. It is not an acceptable alternative to an official appellate record.

Accordingly, it is ORDERED that the ruling below is AFFIRMED.

ORDERED March 2001.

Charles B. Curry
Chief Judge